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OK SB1521

Bill

Status

Introduced

2/6/2012

Primary Sponsor

Rob Johnson

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Establishes legislative intent that Oklahoma courts should be guided by Federal Trade Commission policies and interpretations when applying the Oklahoma Consumer Protection Act.

  • Modifies Section 754 to clarify that the Consumer Protection Act does not apply to claims seeking damages for bodily injury, death, or damage to property unrelated to the specific product or service that is the subject of the alleged violation.

  • Amends Section 761.1 to define "actual damages" as the consumer's out-of-pocket loss (difference between amount paid and actual market value of goods/services received) and requires consumers to prove they reasonably relied on the deceptive practice and that damages were proximately caused by it.

  • Changes civil penalty standards by allowing courts (rather than requiring them) to award up to $10,000 for bad faith claims or defenses, and permits consumers to recover civil penalties of up to $2,000 per violation if the practice is found to be unconscionable.

  • Effective date: November 1, 2012.

Legislative Description

Oklahoma Consumer Protection Act; modifying liability for certain violations. Effective date.

Civil and Criminal Procedure and Courts

Last Action

coauthored by Schwartz (principal House author)

2/28/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available